Termination Notice Was Defective

April 1, 2000

LVT Number: 13996

Landlord sued to evict occupant after tenant died. Occupant stayed in two rooms of an apartment under an arrangement with tenant, in exchange for rent, caretaker services, and assistance with errands. Occupant claimed that landlord's termination notice was defective. Landlord claimed that a prior settlement agreement in surrogates' court gave the housing court exclusive authority over the case and that occupant couldn't object. The court ruled for occupant and dismissed the petition. The prior agreement didn't bar occupant from claiming that landlord's termination notice was defective.

Landlord sued to evict occupant after tenant died. Occupant stayed in two rooms of an apartment under an arrangement with tenant, in exchange for rent, caretaker services, and assistance with errands. Occupant claimed that landlord's termination notice was defective. Landlord claimed that a prior settlement agreement in surrogates' court gave the housing court exclusive authority over the case and that occupant couldn't object. The court ruled for occupant and dismissed the petition. The prior agreement didn't bar occupant from claiming that landlord's termination notice was defective.

The Frick Collection v. Meehan: NYLJ, 3/29/00, p. 27, col. 2 (Civ. Ct. NY; Schachner, J)

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